Payment of Wages Act, 1936 – ss.15(2), 22 – Industrial Disputes Act, 1947 – s.2(A) – Disputes relating to non-payment of wages and the legality and validity of the termination order, if arbitrable: Held: No – Disputes related to non-payment of wages and legality and propriety of termination which are non-arbitrable and the appellant approached the statutory authorities under the PW Act and the ID Act much prior to the filing of petition under Section 11(6) by the respondent and thus, the disputes were anyway pending before the statutory authorities which would exercise their jurisdiction to the exclusion of civil courts – Further, the alleged violation of clause 19 of the appointment order relating to non-disclosure obligation was only an afterthought as it was not raised in the show cause notice, inquiry report, chargesheet and termination order and as such is non-existent – Section 11(6) petition filed by the respondent was an abuse of process intended to threaten the appellant for having approached the statutory authorities under the PW Act and the ID Act – Judgment of High Court set aside – Petition filed by the respondent under Section 11(6) under the Arbitration and Conciliation Act dismissed with cost – Arbitration and Conciliation Act, 1996. [Paras 17, 12, 14, 18]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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